Colorado Springs Criminal Law Blog

The police chief of Avon, Colorado, is saying that he wants to change current Colorado laws and require suspected drunk drivers to submit to a blood test if they say no to a Breath test. According to this CBS News report, Police Chief Brian Kozak is saying that he wants this rule change because "some drunk drivers don't get the punishment they deserve."

Drivers in Colorado can legally refuse a Breath or blood test if there are no injuries or death. The chief is saying that he wants this new law to be used based on DUI history. For example, he says first-time offenders for a DUI in Colorado will likely not be asked to give a blood sample. However, based on this new law, if more suspected offenders refuse a blood test, then police can seek a search warrant from a judge and use that to draw blood from the person.

Kozak's plan basically eliminates a repeat offender's right to refuse a blood test for alcohol content. Kozak says he does not anticipate any legal problems because he says Colorado law states police officers can obtain a search warrant for any type of crime and "why should we treat DUI any different?"

Such a law would infringe on the rights of all drivers. Colorado law states that drivers have the right to refuse breath or blood tests under most circumstances.

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Posted In: Alcohol Charges , Criminal Charges , Drunk Driving/ DUI

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An Aspen, Colorado, masseur is in trouble with the law after he was arrested for allegedly fondling and kissing a female customer, according to this news report. The man faces one misdemeanor count of unlawful sexual contact in connection with the incident. He also faces up to 18 months in jail and would have to register as a sex offender, if convicted. The judge has also issued an order forbidding the man from have any type of contact with the alleged victim.

The victim apparently told police that she went to the business for a back massage and was then taken to a table behind a screen. At some point during the massage, the victim said, she was told to lie on her back when the masseur kissed her without permission and touched her inappropriately.

Even relatively minor Colorado sex crimes can result in a requirement to register as a sex offender and complete sex offender treatment. Such a requirement mandates that you constantly update authorities about your residence and whereabouts and even require you to take polygraph tests to make sure you are compliant with your probation orders. A sex offender conviction can cause much devastation in your personal life, relationships, job, career and future.

Continue reading " Colorado Sex Crime Charges Against Masseur " »

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Posted In: Criminal Charges , Sex Crimes

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Even as Coloradans are preparing to hit the roadways for the summer travel season, the Colorado State Patrol and law enforcement agencies across the state of Colorado are getting ready to embark on an unprecedented level of summer-time DUI enforcement called "100 Days of Heat." According to this news report, the campaign includes additional DUI enforcement periods and plans for more than 150 sobriety checkpoints between the Memorial Day and Labor Day holidays. According to statistics, more than one-third of all alcohol-related fatalities in Colorado occurred between the two holidays.

What does this mean for motorists? This means that there will be a lot of targeted enforcement this summer. Officials will increase patrols to target roadways that are known to be Colorado DUI hot spots. DUI checkpoints are dangerous because you may be stopped, even if there is no probable cause to stop you. Officers are extremely motivated to "find" DUI offenders during such targeted patrols. Normally, a DUI traffic stop occurs when an officer sees a motorist driving erratically, for example. But with a DUI checkpoint, a traffic stop is random.

Continue reading " Colorado DUI Enforcement: “100 Days of Heat” " »

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Posted In: Criminal Charges , Drunk Driving/ DUI

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Colorado Springs police are investigating a serious auto accident where both drivers involved were allegedly driving under the influence. According to this KKTV news report, the two cars – a Ford sedan traveling west on Colorado Avenue and a Nissan SUV driving south on 24th Street – collided. Both drivers were admitted to the hospital in serious condition while passengers in both vehicles were treated for minor injuries. Police say both men will be charged with Colorado Springs DUI and vehicular assault. Both are expected to be arrested after they are released from the hospital.

Each state in the United States has its own set of DUI laws, but there are certain concepts that are common to most states. In all states, it is illegal to operate a motor vehicle with a blood alcohol level of 0.08 percent or higher. It is also illegal to drive under the influence of illegal drugs – be it recreational or prescription drugs. Both the criminal and civil penalties for drunk driving can be harsh and could include loss of license, hefty fines, jail time, community service, restitution, probation and mandatory substance abuse treatment. If you are a repeat offender, the consequences may be even more severe.

If you or a loved one has been charged with a DUI or DWAI in Colorado Springs, you need a knowledgeable and experienced Colorado Springs DUI defense attorney on your side fighting for your rights and skillfully defending your charges. Please call The Bussey Law Firm for a free consultation. We will help you keep your driver's license and help minimize the adverse effects a DUI can have on your life and your criminal record. Please call us today to find out how we can help you get a favorable outcome in your Colorado Springs DUI case.

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Posted In: Alcohol Charges , Criminal Charges , Drunk Driving/ DUI , Traffic Violations

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